Contract offer

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AGREEMENT for the provision of services (offer for individuals)

 1. GENERAL PROVISIONS

1.1. Individual entrepreneur Mikhail Borodyanskiy (Individual Interpreneur Mikhail Borodyanskiy), hereinafter referred to as the “Contractor”, publishes this “Service Agreement” (hereinafter referred to as the Agreement), which is an official offer (public offer) to individuals and hereinafter referred to as the “Client”.

1.2. If the conditions set out below are accepted and payment for services is made, any individual who accepts this offer becomes a Client, that is, is considered for the duration of the Agreement as a person who has entered into a contractual relationship with the Contractor. In connection with the above, carefully read the text of this public offer. If you do not agree with any clause of the offer, the Contractor invites you to refuse payment and use of the Services.

1.3. The parties to this Agreement recognize the legal force of the texts of notifications and messages sent by the Contractor to the Client at the contact email address specified by him. Such notifications and messages are equivalent to messages and notifications executed in simple written form, sent to the Client’s postal address. The Parties, in the event of any disagreement regarding the facts of sending, receiving messages, the time of their sending and content, agreed to consider the evidence of the Contractor's archival service to be reliable and final for resolving disagreements between the Parties. An exception to this rule is the exchange of claims, for which simple written form is required.

 2. DEFINITIONS

The following definitions are used in the Agreement:

• Client - any individual who has paid for the Contractor’s services.

• The Contractor's website (hereinafter referred to as the Site) is a website on the Internet at the address: www.psy8.net.

• Content - information of various types (set of numbers, text, image, audio recording, video recording, etc.) presented in electronic form on the Site.

• Seminar is a group lesson held for registered participants at a specified place and time.

• Training is a series of seminars that has a specific program and duration indicated on the Website.

• Webinar - (Internet seminar) - a group web conference held for registered participants in real time via the Internet.

• Online training is a series of webinars that has a specific program and duration indicated on the Contractor’s Website.

• Initial data - information of various types (a set of numbers, text, image, audio recording, video recording, etc.) provided by the Client to the Contractor for research and obtaining results.

• Research results - information of various types (set of numbers, text, image, audio recording, video recording, etc.), which is the product of the Contractor’s work with the Client’s Source Data and provided to the Client upon his request.

• Services – providing the Client with access to Content; Client’s participation in webinars, seminars, trainings, online trainings and individual sessions; research of the Initial data provided by the Client with the issuance of Research Results to the Client.

• Personal account – a page on the Site containing the Client’s registration information, information about the Client’s payments and services consumed by him, as well as links to access Content, webinars, online trainings and Research Results. Access to the Personal Account is possible only with a password created by the Client independently when registering on the Site, or using a unique link sent by the Contractor to the email specified by the Client when registering on the Site.

• Personal account - a set of records reflecting the financial relationship of the Contractor with the Client: receipts of funds, payment for Services, current balance, etc. The personal account is linked to the Client Agreement number.

• Tariffs – a set of Services that the Contractor is ready to provide to the Client, indicating the cost of the Services as of the current date. 

 3. SUBJECT OF THE AGREEMENT

3.1. The Contractor undertakes to provide Services to the Client in accordance with the Tariffs, and the Client undertakes to accept and pay for the Services provided to him in the amount and within the time frame corresponding to the terms of this Agreement.

3.2. This Agreement is considered concluded upon receipt of payment for the Services, which constitutes acceptance of this offer.

 4. OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes:

4.1.1. In the manner prescribed by this Agreement and the Tariffs, provide Services at the Client’s choice.

4.1.2. Publish on the Site information about changes in Tariffs, terms of provision of Services, as well as information related to customer service.

4.1.3. Provide consultations on issues that arise for the Client in connection with the provision of Services to him.

4.1.4. Under no circumstances shall you transfer the Source Data received from the Client, as well as the Research Results, to third parties without direct instructions from the Client.

4.1.5. Use the Client’s contact information only with his consent and only to establish contact with the Client for the purpose of fulfilling this Agreement in accordance with Privacy Policy (policy regarding the processing of personal data of clients).

4.2. The performer has the right:

4.2.1. Provide feedback to the Client, including, but not limited to: sending requests and information regarding the use of the Site and the execution of the Agreement; sending notifications, including notifications (mailings) about news and products of the Contractor.

4.2.2. Terminate the provision of Services to the Client without prior warning if the Client fails to comply with clause 4.3.4 of this Agreement.

4.3. The client undertakes:

4.3.1. Independently familiarize yourself with information about the Services, Tariffs and terms of service for Clients on the Site.

4.3.2. Ensure timely payment for the Services provided in accordance with Section 5 of this Agreement.

4.3.3. Independently bear the risk of possible adverse consequences associated with the loss and/or disclosure by the Client of his chosen password, as well as with the transfer to third parties of a unique link containing a code to enter the Personal Account, sent by the Contractor to the email specified by the Client when registering on the Site.

4.3.4. Respect the copyrights of the Contractor and other copyright holders for the Content and copyright objects that are an integral part of the Content:

• do not record webinars and online trainings;
• do not transfer links and access details to webinars and online trainings to third parties for their sharing without the express permission of the Contractor;
• not to transfer or distribute Content or links to Content to third parties, either in whole or in part: not to sell, rent, or transfer for free, including on the Internet;
• not to publish or upload Content to social networks and other publicly accessible Internet sites;
• not publicly reproduce the Content via broadcast channels such as radio, television, etc., including on the Internet for commercial or non-commercial purposes;
• not to alter, change or process the Content, not to create information and other products based on the Content;
• not to use the Content in any way other than for personal use.

4.4. The client has the right:

4.4.1. Receive Services from the Contractor in accordance with the terms of this Agreement and the current Tariffs.

4.4.2. Stop using the Services if you are dissatisfied with their quality or terms of provision.

4.4.3. Receive back unused funds previously transferred to pay for the Services in accordance with clause 5.13 of this Agreement.

 5. PROCEDURE FOR PAYMENT AND PROVISION OF SERVICES

5.1. The provision of Services to the Client on the Site is carried out after the Client has passed authorization - a procedure for verifying by the Contractor the Client’s rights to access the necessary information and to perform actions provided for in this Agreement.

5.1.1. Authentication of the Client when providing the Service is carried out by the Contractor using the email address and password selected by the Client when registering on the Site, or using a unique link containing a code to enter the Personal Account, sent by the Contractor to the email specified by the Client when registering on the Site.

5.1.2. The Client’s use of an email address and password when performing actions in the Personal Account on the Site is recognized by the Contractor as an analogue of the Client’s handwritten signature and gives rise to legal consequences similar to the use of a handwritten signature.

5.1.3. All actions performed on the Site using the Client’s email address and password are deemed to have been performed personally by the Client.

5.1.4. The Client is solely responsible for the safety and non-disclosure of the password, as well as for actions performed on the Site using his email address and password or using a unique link containing a code to enter the Personal Account, sent by the Contractor to the email specified by the Client when registering on Website.

5.2. The type and quantity of Services provided by the Contractor under this Agreement is determined by the Client independently by sending the relevant orders to the Contractor in the manner specified in clause 5.9. actual agreement.

5.3. Services under this Agreement are provided on an advance payment basis.

5.4. The cost of the Services is determined in accordance with the Tariffs approved by the Contractor and posted on the Site. The Contractor's services are not subject to VAT.

5.5. Payment for services can be made: by bank cards, PayPal, or by bank transfer to the Contractor's bank account.

5.6. When the Client issues payment documents for a non-cash money transfer, in the “Purpose of payment” section, it is mandatory to indicate the Agreement number (corresponding to the account number) assigned by the Contractor after the Client’s registration on the Site. The client bears full responsibility for the accuracy of the payments he makes.

5.7. The funds transferred by the Client are credited to the Personal Account of his Agreement after the corresponding amount has been credited to the Contractor's current account.

5.8. The Contractor records on the Client’s Personal Account information about the Client’s payments, as well as the services consumed by the Client in accordance with the current Tariffs. The Contractor provides the Client with access to his Personal account information through the Personal Account.

5.9. The Service is ordered by the Client independently through the Personal Account:

5.9.1. Ordering a Service constitutes the Client’s agreement to pay for the Service at the Tariffs in effect at the time of order.

5.9.2. The cost of the Service is debited from the Client’s Personal Account at the time the order is confirmed.

5.9.3. If the Client refuses the Service after providing access to it, the amount written off will not be returned.

5.10. If it is impossible to provide the Service ordered by the Client due to the Contractor’s fault, the Contractor returns the debited amount to the Client’s Personal Account.

5.11. The service is considered provided at the moment the Client is provided with access to it.

5.12. The Contractor unilaterally and without prior notice changes the Tariffs for the Services provided. In this case, Services already ordered and paid for by the Client are provided at the previous Tariffs.

5.13. At the written request of the Client, the Contractor returns the balance of the Client’s unused funds through the payment system that the client used to replenish the account (PayPal, bank card, bank account, etc.).

5.13.1. The Contractor makes a refund no later than 10 (ten) working days from the date of receipt from the Client of a written application indicating the passport details of the recipient of the funds, as well as a photocopy of an identity document. 

5.13.2. For the return of funds, the Contractor charges a commission of 5% of the transferred amount.

5.14. The Contractor has the right to stop providing services to the Client at any time and unilaterally terminate the Agreement for professional, ethical and any other subjective reasons. In this case, the Contractor returns the payment to the Client minus the cost of services actually provided in accordance with paragraphs. 5.13 and 5.13.1 of the Agreement.

5.15. If the Client behaves rudely or unethically towards the Contractor's employees or other clients, the Contractor has the right to terminate the Agreement unilaterally, and the funds paid by the Client are not returned.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the legislation of Georgia.

6.2. The Client assumes full responsibility and risks associated with the use of information received from the Contractor under this Agreement, including for any moral or other damage that may be caused to the Client as a result of the use of the Services or unauthorized access to the information received by third parties persons

 7. CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT

 7.1. The fact of payment by the Client for the Contractor's Services is acceptance (full and unconditional acceptance of the terms) of this offer and is considered the moment of conclusion of the Agreement. The Agreement comes into force from the moment funds are received into the Contractor's current account and is concluded for an indefinite period.

7.2. The Agreement may be changed or supplemented by the Contractor without notifying the Client at any time. The new version of the Agreement comes into force from the moment it is posted on the Site. Continued use of the Site after making changes and/or additions to the Agreement means the Client’s consent to such changes and/or additions.

7.3. The Client has the right at any time to unilaterally refuse the Contractor’s Services and terminate the Agreement. In this case, the balance of funds unused by the Client on his Personal Account is subject to return in accordance with clause 5.13 of this Agreement.

7.4. This Agreement may be terminated at the initiative of the Contractor in the following cases:

7.4.1. if the Client violates clause 4.3.4 of this Agreement. In this case, payment for services made by the Client is non-refundable.

7.4.2. when the Contractor receives from the Client a withdrawal of consent to the processing of personal data (clause 9.1), in simple written form.

7.4.3. upon termination or suspension of the activities specified in the Agreement.

7.5. This Agreement also terminates upon the expiration of six months from the date of provision to the Client of the last paid Service under this Agreement.

7.6. If, after the expiration of the Agreement or its termination in the prescribed manner, the Client has not sent an application to the Contractor within 6 (six) calendar months with a request to return the balance of unused funds, these funds shall be transferred to the Contractor’s income.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if such failure was a direct consequence of force majeure circumstances (force majeure circumstances) that arose after the conclusion of the Agreement, as a result of extraordinary events, namely: natural phenomena (earthquakes , floods, etc.), mass diseases (epidemic, pandemic, etc.), armed conflicts (military operations of any kind, hostilities, war (declared or undeclared), preparations for war, revolution, uprising, civil unrest , blockade, seizure of power, mobilization, terrorist attacks, etc.), labor conflicts (strike, lockout, etc.), actions of authorities, including foreign ones (prohibitive measures of government authorities, including a ban on trade operations with individual countries due to the introduction of international sanctions, a ban on any foreign exchange transactions, including a ban on currency transfers, acts of government agencies or local governments, etc.), if these circumstances could not be foreseen by the parties or prevented by reasonable measures.

8.2. During the period of force majeure, the Parties have no mutual claims and each Party assumes the risk of the consequences of force majeure.

8.2. The Contractor may fully or partially suspend the fulfillment of its obligations under this Agreement for the period of force majeure.

8.3. The Client has no right to demand compensation and/or compensation for damage caused to him as a result of the inability to fulfill obligations due to the occurrence of force majeure.

9. OTHER TERMS

9.1. The Client expresses his consent to the processing (including automated) by the Contractor of the Client’s personal data (full name, e-mail, country, city, telephone) by performing the following actions: collection, systematization, accumulation, storage, clarification (updating or changing), use, transfer (distribution, provision of access), depersonalization, blocking, destruction - in accordance with the Privacy Policy (policy regarding the processing of personal data of clients). This consent is given for the purpose of receiving services provided by the Contractor under the Agreement, without limitation of validity, and can be revoked by submitting a written application.

9.2. The Contractor does not transfer to the Client any exclusive rights to the Content and copyright objects that are an integral part of the Content.

9.3. The Client agrees to the Contractor recording webinars and online trainings in which the Client participates, with the possible subsequent distribution of this recording at the Contractor’s discretion.

9.4. On all issues not regulated by this Agreement, the parties are guided by the current legislation of Georgia.

 GE16BG0000000582420726

10. ADDRESS AND BANK DETAILS OF THE CONTRACTOR

Individual Interpreneur Mikhail Borodyanskiy
Business ID: 302283008
Mikheil Tsinamdzghvrishvili street 52, Tbilisi, Georgia
Bank of Georgia
SWIFT: BAGAGE22
IBAN: GE16BG0000000582420726
Telephone +995511100587

Contacts

Payment, obtaining of services and refund

Privacy Policy